STATE RAIL AUTHORITY OF NSW v HOWELL [1996] NSWCA 495

STATE RAIL AUTHORITY OF NSW v HOWELL SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE and COLE JJA and COHEN AJA 12 December 1996, 19 December 1996

[1996] NSWCA 495

NEGLIGENCE — liability of employers — failure of employer to provide trauma counselling and assistance to employee who inspected scene of suicide — employee developed "post traumatic stress disorder'"' — assessment of damages.

On 4 December 1992, the respondent, who was employed by the appellant as assistant Station Master at Albury Station, was called to inspect the scene of an accident. A woman had suicided by lying on the railway line in front of an approaching train and her body was horribly dismembered. In the months that followed, the respondent developed "post-traumatic stress disorder" and in May 1993 was hospitalised. He brought proceedings against the appellant contending that it had been negligent, as a consequence of which he developed his disorder.

The proceedings were heard by Abadee J who delivered judgment for the respondent, finding that the appellant was negligent in failing to provide post-trauma counselling or assistance. Two other heads of negligence were rejected. Judgment was entered for the respondent in the sum of $405,993.07. The appellant has challenged the findings on liability and damages. The respondent has filed a notice of contention in which he contends that his Honour was in error in finding against him on the other two heads of negligence and a cross-appeal in which he asserts that the damages were inadequate.

HELD:

(1) Liability:

(a) The evidence provides more than a sufficient foundation for his Honour's acceptance of the proposition that the psychologist contracted by the appellant was negligent in failing to provide post-trauma counselling or assistance and that the appellant was therefore negligent.